really hard chapter 7 question....

[monica1]

I live in NC and have recently separated from my husband. Just about every possible bill is in my name due to his "not so good, but not terrible" credit. The house, 3 credit cards, tons of medical bills, durango, etc. are all in my name and He has co-signed with me on only 2 things, A 15K home equity loan and my aveo car. We both were out of work under a doctors care this past year and he also was laid off temporarily, making us fall way, way behind. The stress was unreal because of this and some other problems and he started getting abusive w/me. I have decided to leave the un-safe situation and am living w/an old friend in another county. I filed chapter 7 on Oct. 14. I told the attorney that I wish to re-affirm both vehicles so that we can both be able to get to and fro our work. (We may have our differences and are separated, but regardless of the situation, I am still a decent and civil person.) I am willfully surrendering "our" home. No choice, I can't stay there but I also can't trust him to pay the mortgage for the next 28 yrs!!!! I owe 101K, it was just appraised in the last 6 months for 124K (for the home equity loan) and the tax value is 142K. If I am willfully surrendering the home and he is still living in it, can he just settle something out w/Wells fargo?? or does he have to wait until foreclosure to try and buy it himself?? or can I do a "short sale" to him?? My attorney said to tell him he may want to find an apt. but that he can choose to stay in the home, rent-free, until he is forced out if he wants to procrastinate. He really wants to "keep" the home and I would love for him to if he can do it on his own. What are the "rules" w/this one?? I have read and read and read this awesome sight and really still don't have a clue.

[craigerzz]

If the house is in your name and you are filing bankruptcy I don't think he will have an oppurtunity to reaffirm on something that isn't even in his name in the first place.

[monica1]

I figured that. Can he purchase the house directly from wells fargo instead of waiting for a foreclosure or maybe I can do a short sale. Its better for the company to get a buyer than for them to lose out isn't it? They have a buyer this way. He is willing to take over the payments himself if necessary?